Ticket adjournment question, approximate time to next date or selective date?
 

I have a hearing in January, but I will be going to school at the time. I was going to adjourn the hearing for a later date, and email/call/mail a letter in stating that I was a student and would be unable to make the date.

From past experiences, how long down the road is the hearing adjourned to? I have read (on this forum) approximately 3 months. And since I am only allowed allowed one adjournment, it would place my hearing right during final exams and my attendance would be mandatory or I would plead guilty.

I am able to select my next hearing date? Obviously, my interests are not considered by BC provincial court whatsoever, but am I able to ask them to move it between June-August, when I will not be in school?

My last option is to just go to court in January, and miss school. Since it is during the beginning of the semester, it won't make as much difference as missing a day during final exams.

Thanks.

Based on my experence, it can range from a few months to over 6 months.

Personally, I'd take that one day off school.

Honestly, if you can't miss one sick day from school and keep up with your course load, you really shouldn't be in post secondary.

But like you said, early in the sem, things shouldn't be too tough. It is only 1 day after all or even half a day.

yah i'm a dumbass, two thirds retarded due to improper birthing I came out sideways...


anyways, back to my question.

You can certainly request that they set a date when you are available...usually they have a date range and will try to accomodate you if possible. If they do set one some time down the road from the offense date, don't expect to work the charter delay scam because you didn't get an early hearing.

explain please

Charter Delay Scam.

It is when people intentionally delay their hearing so that the "due process" of the court takes a super long time and as a result, a person will claim that because there was such a gap in time between the offence and the time of trial, it is against a code in the Charter of Rights and Freedom.

^ from what i know, the court will say that delay is due to the defendent, so those time will not count.
the court will only count delay that is actually caused by the court or crown. example: time from when you file the dispute to court day, or time from when an officer file an adjournment to the next court day.

so if i dispute a ticket, got a court day 10 months later, file a adjournment request, and got a new court day another 8 months later, the court will say the actual delay is only 10 months.

Why not ask them that directly? The Charter argument is based on the time from the offense date to when you have your trial. If YOU extend that time by requesting a delay, you will not be able to claim a lack of access to trial. In traffic court when a disputant asked for a delay or another date I always requested the JP make that second peremptory on the accused...that means the trial goes ahead on that exact date and no excuses and that the disputant could not make and charter delay arguements either.

Generally the courts will work to accomodate you if school is an issue. Call or go down to the court registry and explain your situation, the worst they could say is no.

Nope.
Tried it, denied.

Trying does not mean guaranteeing.

You can try to get it adjourned but the court doesn't HAVE to let you do it.